Peripheral neuropathy decisions — 2004

The Board found that the veteran's death was not caused by a service-connected disability and denied the claim for service connection for the cause of death.

The veteran's claims for service connection are being remanded due to the unavailability of his service medical records and a request for Social Security Administration (SSA) records is made.

The veteran's service-connected conditions prevent him from securing and maintaining a substantially gainful occupation consistent with his education and occupational experience.

The Board has decided to remand the veteran's claims for further development due to missing Social Security records and other pertinent medical records.

The Board has remanded the case due to incomplete medical records and need for further examination.

The Board denied the veteran's claims for service connection for various conditions, including diabetic neuropathy, extreme sensitivity to cold, arthritis of the feet and hands, chronic toenail fungal infection, cracking and discolored legs, residuals of frostbite, and hepatitis C. The Board found no evidence that these conditions were incurred in or aggravated by service.

The veteran's claims for service connection and SMC were granted by the RO on March 27, 2001. The appellant is seeking accrued benefits based on Nehmer stipulations, but there are no accrued benefits as the effective dates of the grants precede the date of payment.

The Board denied the veteran's claims for an earlier effective date for service connection, service connection for hypertension, and special monthly compensation based on need for regular aid and attendance or housebound status due to disability. The reasons given were that there was no legal entitlement to an earlier effective date, the veteran did not have a proximate relationship between his service-connected diabetes mellitus and hypertension, and he did not meet the criteria for needing regular aid and attendance.

The Board found that the veteran's current neuropathy affecting both arms and left side of the face is more likely related to other, nonservice-connected medical conditions than a lightning strike during active duty for training.

The Board has determined that the veteran meets the criteria for a higher level of special monthly compensation based on aid and attendance due to his service-connected disabilities, which require daily personal health-care services provided by licensed professionals.

The veteran's claims for earlier effective dates for the grants of service connection for peripheral neuropathy of both lower extremities have been granted.,However, no compensable evaluation has been assigned for incomplete right auriculoventricular block.

The veteran withdrew his appeals for entitlement to separate evaluations for renal disease, diabetic retinopathy, and diabetic neuropathy, secondary to diabetes mellitus, as well as for an increased rating for PTSD. As a result, the appeal is dismissed.

The VA denied the veteran's claim for service connection for demyelinating motor polyneuropathy, which he claimed was caused by exposure to Agent Orange. The Board found that there is no evidence of a causal relationship between his condition and his military service.

The Board denied the veteran's claim for service connection for idiopathic peripheral neuropathy, finding that it did not begin during or as a result of his military service, including exposure to herbicides like Agent Orange.

The Board has determined that the reduction of the veteran's evaluation from 20 percent to 10 percent for peripheral neuropathy of the left forearm was not in accordance with applicable regulations and therefore, the original 20 percent rating is restored.

The Board has remanded the case due to issues related to service connection for left-sided visual defect, and compliance with VCAA requirements is necessary.

The Board denied an extraschedular initial rating for diabetic neuropathy of the feet, finding that there was no evidence to warrant such consideration.

The veteran is seeking service connection for peripheral neuropathy, which he claims is due to herbicide exposure during his active duty in Korea. The VA has not provided adequate notice and assistance as required by the VCAA, and additional development is needed including obtaining medical records, personnel files, and an Agent Orange protocol examination.

The veteran's appeal is being remanded for additional development, including obtaining information from the National Personnel Records Center and the Marine Corps Historical Center.

The Board has remanded the case for further development, including obtaining a VA examination to determine the nature and likely etiology of any current genitourinary disability, left knee disability, and peripheral neuropathy. The veteran's claims are also being remanded for an increased rating for service-connected residuals of cold injury to the right hand.